Apply to CUPE's regional trial panels

At the 2019 National Convention, delegates adopted a new trial procedure to deal with complaints and offences under the National Constitution. With this procedure, trials are now conducted outside the local union by three members from the region. These trial committees are appointed by the National President from a regional list of trial panelists nominated by the National Executive Board.

If you are interested in being nominated to the list of trial panelists for your region, please apply before April 26, 2024.

We are looking for members who:

• Are available on short notice to hear and decide cases.
• Have the capacity to listen and understand different perspectives.
• Have an understanding of human rights.
• Are comfortable explaining a decision in writing.

Members will be nominated as panelists for a term of two years and will be offered training. Panelists may be appointed at any time to a trial committee that will hear and decide a case and must make themselves available to do so.

Any CUPE member in good standing is eligible to apply, and we encourage you to seek the support of your local union for your application. We encourage applications from members of equity-deserving groups, including women, Indigenous people, Black and racialized people, persons with disabilities and 2SLGBTQI+ people.

We ask all interested members to complete the online application.

What is the trial procedure?

The trial procedure came into effect on June 1, 2020 and replaced the former local union trials. Under this procedure, a complaint from a member of a local union against another member, that alleges an offence under the National Constitution, is dealt with outside of the local.

The complaint is first reviewed by an Assessor who determines whether it meets the requirements set out in Article F.2 and if there is sufficient evidence of the alleged offence(s) to warrant continuing through the procedure.

If the Assessor decides that the complaint meets the requirements to proceed, it can do so by trial or alternate process. When a complainant alleges that the respondent has committed an offence or offences by contravening one or more of Articles F.1(a) to (l), the parties can proceed to a trial. When the complainant alleges that the respondent has engaged in harassment or discrimination, as outlined in Article F.1(m), the complainant may choose to continue under the alternate process or proceed to a trial.

When a complaint proceeds to trial, the National President appoints a trial committee of three members to hear the complaint and decide if there was an offence. These trial committee members are selected from a regional list of trial panelists appointed by the National Executive Board.

The procedure can be found at Appendix F of the National Constitution.

What is the role of a trial panelist?

Where an Assessor has determined that there is sufficient evidence to warrant a trial, and the matter has not been settled through mediation, a trial committee will be appointed and tasked with deciding the complaint. The main elements of the process outlined in the National Constitution can be summarized as follows:

• The National President will appoint three members of the regional trial panel to serve as the trial committee.
• The trial committee will convene a teleconference with the complainant and respondent and their respective representatives to deal with preliminary matters.
• The trial committee will hold a private hearing into the complaint. It will decide its own procedure in accordance with the rules of natural justice. The committee can accept any oral or written evidence that it considers proper, so long as every member receives a fair and impartial hearing.
• The trial committee decides whether the respondent is guilty of the offence and, if so, the trial committee will decide any penalty and what, if anything, the respondent must do or not do. The committee will issue a decision with reasons in writing.

The details can be found at sections Appendix F, Articles F.4 and F.5 of the National Constitution.

What are the requirements to apply?

We are looking for people who:

• Will make themselves available on short notice to hear and decide cases.
• Have the capacity to listen and understand different perspectives.
• Have an understanding of human rights.
• Are comfortable explaining a decision in writing.

Any CUPE member in good standing is eligible to apply, and we encourage you to seek the support of your local union for your application.

As part of CUPE’s commitment to equity, we encourage applications from members of equity-deserving groups, including women, Indigenous people, Black or racialized people, persons with disabilities and 2SLGBTQI+ people.

Reasonable accommodations are available on request for members taking part in all aspects of the selection process. If needed, please contact trials-proces@cupe.ca to request an accommodation.  

What is the term of the trial panelist’s mandate?

Trial panelists are nominated to the regional list for a term of two years and may be called at any time during that period to serve on a trial committee.

Will there be training for this role?

Yes, training will be offered as part of the trial panelist selection process.

Are there any costs for my local union associated with this role?

No. The National Constitution provides that the cost of the trial will be borne by the local union where the complaint originates. The cost of conducting a trial includes lost wages and reasonable expenses for the trial committee members. Trial panelists will not be assigned to hear complaints from their own local.

Where will the trials take place?

Trials may take place anywhere within each region depending on where the complaint originates, and most trials will take place virtually, on a platform such as ZOOM.